الجهالة وأثرها في عقود المعاوضات المالية الإلكترونية: دراسة فقهية تحليلية /
This study focuses on the rules and regulations on electronic contracts in the field of trade-offs and their models, especially when a contract involves the absence of the seller, the product and the place for the transaction. Most previous researches have been done on electronic contracts, but none...
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| Other Authors: | |
| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2016
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8508 |
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| Summary: | This study focuses on the rules and regulations on electronic contracts in the field of trade-offs and their models, especially when a contract involves the absence of the seller, the product and the place for the transaction. Most previous researches have been done on electronic contracts, but none on the effects of ignorance in an electronic contract and the causes for its nullification. The researcher explains the understanding of ignorance and its division, the concept of electronic contracts and rules related to Fiqh and Malaysian law, and how to solve the problem in the contract, either during or after the transaction through Fiqh rules and regulations as well as from the perspective of the Malaysian law. The researcher found that electronic contract is different from traditional contract because of the absence of product during the contract. However, the electronic contract is similar to the traditional contract in terms of it rules. In order to avoid ignorance in the contract, the product must be acknowledged. If ignorance has been found in the contract, the solution is “khiyar”; among those who are involved are “khiyar aib” and “khiyar fawat al wasaf”. As a result, there are many similarities between Fiqh and Malaysian law on this issue. |
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| Physical Description: | [x], 93 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 84-93). |